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- A-77-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … sufficiently pled a class action against defendants for noncompliance with the Fair and Accurate Credit Transactions … (b) attached a draft complaint to the letter. Id. at *3-*4. Ultimately, the court granted defendants’ motion to dismiss …
- A-64-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … defendant M&K Construction (M&K) with regard to a workers’ compensation court’s order (the Order) that M&K reimburse … and a “likely path . . . [of] worsening addiction and ultimately death.” Sufficient credible evidence in the …
- A-28-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … failing to act with reasonable diligence. Sixth, no other competent counsel was prepared to try the case: defendant … new counsel.” Id. at 97 (quoting Burton, 584 F.2d at 491). Ultimately, the Circuit found no abuse of discretion. Id. at …
- A-24-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … $308,000 and $466,000 per year, exclusively from commissions. Goldfarb met defendant in March 2013. According … Law, undermines its consumer protection purposes, and ultimately will eviscerate its writing requirement. CHIEF …
- A-16-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … and Ordinance 16-04, which established an Assessment Commission to identify the benefitted properties and to … . . . until the contrary be shown,” N.J.S.A. 40:56-33, and ultimately a reviewing court must determine whether the …
- A-9/10-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … for the Court. The issue before the Court is whether the common law imposes a duty on underage adults -- over the age … drinking and where an underage intoxicated adult guest ultimately drives drunk and causes injuries. According to …
- A-8-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … but did challenge the 2013 and 2014 tax assessments. It ultimately appealed to the Tax Court. 2 The Tax Court … restaurant provides students and members of the University community “an alternative dining experience”; Gourmet …
- A-3072-16T2 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … on appeal: first, it contends the GP6 is substantively non- compliant due to the misuse of the New Jersey Geological … agency decision with deference, and will not reverse the ultimate determination of an agency unless the court …
- A-3944-16T2 Opinionnjcourts.gov… 6:30 p.m. on July 9, 2013, Chang responded to a call from Commercial Avenue in New Brunswick and spoke to the caller, … a gun, drugs, and drug paraphernalia in plain view, ultimately leading to the occupants' arrests. Id. at 103-04. … was the same as that of any other social guest or business visitor, and did not constitute a Fourth Amendment search." …
- A-5686-17T1 Opinionnjcourts.gov… the existence of a separate regulatory scheme will "overcome the presumption that the CFA applies to a covered … subject to CFA liability.13 No Supreme Court decision has revisited the learned professional doctrine since the Court … fraud and other unconscionable conduct. Although we are not ultimately bound by an agency's statutory interpretation, …
- A-2342-17T3 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … strike defendants' affirmative defense under the Workers' Compensation Act (WCA), N.J.S.A. 34:15-1 to -146. Bove also … development stage, it was not marketed to the public, and ultimately, it was abandoned by defendants altogether. In …
- A-4554-18T4 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … an upstairs window but returned inside upon the officers' commands. Once he climbed back into the residence, Simeone … conducted during a search incident to a valid arrest." Ultimately, "guided by prior analogous authority," the judge …
- A-0930-17T1 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … FOR FEAR OF REPRISALS BY THE STATE. POINT II IMPROPER COMMENTS MADE BY THE PROSECUTOR IN SUMMATION EXCEEDED THE … and the matter proceeds to trial before a jury to which he ultimately assents. Similarly, here, defense counsel made …
- A-1787-16T6 Opinionnjcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … was arrested in Camden on January 1, 2017, and charged in a complaint-warrant with: second-degree illegal possession of … is not a final adjudication of contested facts and does not ultimately affect either defendant's trial on the merits or …
- A-1313-17T1 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Dairy ("COL") and dismissal of their class-action complaint alleging a failure to pay overtime wages in … 182 N.J. 64, 75 (2004)). In addition, although we are not ultimately bound by an agency's statutory interpretation, …
- A-4915-16T2 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … to proceed pro se. Figueroa, 186 N.J. at 593. "[T]he ultimate focus must be on the defendant's actual …
- A-3745-17T6/A-0358-18T6 Opinionnjcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Superior Court of New Jersey, Law Division, Hudson County, Complaint No. W-2018-3276-0906 in A-0358-18. Claudia Joy … law." In re DeMarco, 83 N.J. 25, 36 (1980). "The question ultimately is one of fairness . . . [and t]he test is …
- A-5104-14T3/A-2956-15T3 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and Suter. On appeal from the Public Employment Relations Commission, Docket No. CO-2014-149, and Superior Court of … Mignone letters of reprimand, for suspending him, and for ultimately filing tenure charges against him. PERC also …
- A-0452-16T4 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … consecutive days per week," with his "work schedule to be accommodated to the extent possible." Defendant began serving … jail and ninety days in inpatient rehabilitation with the ultimately-adopted requirement of "not less than 180 days in …
- A-2307-18 Opinionnjcourts.gov… Argued May 10, 2021 – Decided June 22, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … count indictment alleging that he conspired with others to commit a burglary and robbery. After his trial, defendant … under Rule 608 for "proof of character or reputation." Ultimately, in weighing Rule 403, he concluded that the …